car rental agreement template australia
(Please use BLOCK letters)
4
Item 1. Operator details
Surname/family name Given name Second initial Date of birth
/ /
Business name Australian Business Number (ABN)
Company name Australian Company Number (ACN)
Address
Suburb Postcode
Telephone (business) Telephone (home)
Mobile Email
Operator accreditation number Expiry date
/ /
Item 2. Driver details
Surname/family name Given name Second initial Date of birth
/ /
Business name Australian Business Number (ABN)
Address
Suburb Postcode
Telephone (business) Telephone (home)
Mobile Email
Driver’s licence number Expiry date
/ /
Driver accreditation number Expiry date
/ /
Item 3. Taxi details
If this Agreement applies to more than one Taxi, please complete a list of fleet vehicles and attach to Part E.
Taxi registration number or refer to list of fleet vehicles (Part E)
Vehicle type and model or refer to list of fleet vehicles (Part E)
Licence type or refer to list of fleet vehicles (Part E)
Licence number or refer to list of fleet vehicles (Part E)
Part B – Schedule continued
5
Item 4. Time, place and method of payment to Operator
Time Payment method (cash etc)
Place
Item 5. Duration of Agreement
Commencement date / / Completion date / /
Item 6. Garage
Address
Suburb Postcode
Item 7. Bond
Amount of bond:
$
If bond is to be paid in increments, amount per Shift:
$
Item 8: Insurance policy details
Insurer
Insurance type (ie third party property/fully comprehensive)
Policy number
Policy expiry date
Item 9. Additional terms
If the parties agree to any other terms that are not already listed in this Agreement, these must be written here. The Driver and
Operator must initial each new term included.
(Please use BLOCK letters)
Part C – General conditions
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1. Background
1.1 The Operator allows the Driver to take possession of
and drive the Taxi subject to the terms of this Agreement.
1.2 If the Operator operates more than one Taxi and wishes
to make all or some of them available to the Driver, those
Taxis are listed in Item 3 of the Schedule. This Agreement
applies to each of those Taxis.
2. Possession and use of Taxi
2.1 The Operator allows the Driver to take possession
of the Taxi and to use all the Equipment in the Taxi
in accordance with the terms of this Agreement.
3. Life of agreement
3.1 This Agreement begins when the parties have both
signed this document, or on a later date specified in Item
5 of the Schedule. If there is no written and/or signed
Agreement between the parties, the Agreement begins
when the Driver first logs on to the Operator’s Taxi or, if
the Driver does not log on, when the Driver starts his first
Shift in the Operator’s Taxi.
3.2 This Agreement ends on the Completion Date specified in
Item 5 of the Schedule, unless
(a) terminated earlier in accordance with clause 9; or
(b) extended by written agreement signed by both parties.
NOTE:
(a) Clauses 4 to 10 are implied into this
Agreement under section 162L of the
TCMA and must not be amended or
removed under any circumstances.
(b) Even if they are physically removed from
this written Agreement, these conditions
will still apply by operation of the law.
(c) It is an offence under section 162M
of the TCMA for either the Driver or
the Operator to breach any of clauses
4 to 10. If either party does breach one
or more of these clauses, that party
may be fined up to 120 penalty units for
an individual or 600 penalty units for a
body corporate.
4. Parties’ earnings
NOTE:
This clause 4.1 repeats the requirement in
section 162L(2) of the TCMA.
4.1 The Driver must keep, or be paid, at least 55% of the
Gross Fares earned while the Driver has control of the
Taxi. For the purposes of section 162L(2) of the Act,
‘Gross Fares’ means:
(a) the total amount of all fares accrued on the meter,
including any applicable:
i) booking fee;
ii) high occupancy fee;
iii) late night surcharge; and
iv) public holiday surcharge,
but does not include CityLink or Eastlink tolls, any
non-cash payment surcharge and any fees charged by
Melbourne Airport.
4.2 The Operator must maintain a record of:
(a) all payments made between the Operator and Driver, and
(b) all Shifts worked by the Driver;
(c) the total amount of Gross Fares earned during each
Shift; and
(d) all surcharges charged during a Shift
and must provide copies of these records to the Driver
at the end of each calendar month.
4.3 The Operator must not charge the Driver any fee or
surcharge that would be subtracted from the Driver’s
agreed share of the Gross Fares (which must be at least
55 per cent).
NOTE:
The wheelchair lifting subsidy* is not part of
the Gross Fares, and must be split between
the Driver and Operator in accordance with
the Taxi Licence Conditions as in force from
time to time.
* In this note, wheelchair lifting subsidy has
the meaning given in regulation 49(8) of
the Regulations.
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